Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days.Brief FactsA work order was awarded to the claimant by the respondent under which the claimant undertook to construct...

'Bharat Gate' Mark Infringes 'India Gate' Mark, Phonetically Similar: Delhi High Court Rules In Favour Of KRBL Rice Company

The Delhi High Court has ruled in favour of KRBL Limited, a company known for its India Gate brand of basmati rice, in a trademark infringement case against “Bharat Gate” brand selling basmati rice.A division bench comprising of Justice C Hari Shankar and Justice Ajay Digpaul set aside a commercial court's order vacating the ad interim injunction granted in favour of India Gate,...

S.73 CGST Act | SCN, Order Issued Without Signature Of Proper Officer Is 'Ineffective': Gauhati High Court

The Gauhati HIgh Court has held that the Show Cause Notice issued to an assessee under Section 73 of the Central Goods and Services Tax Act, 2017, the Statement issued along with the SCN as well as an Order passed under Section 73(9) must mandatorily be signed by the Proper Officer.Justice Soumitra Saikia observed, “As it is the statutory mandate that it is only the Proper Officer who has...

Penalty Provision U/S 16(7) HP VAT Act Cannot Be Invoked Without First Ascertaining Applicability Of S.16(4): Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the penalty provision couched in Section 16(7) of the HP Value Added Tax Act, 2005 cannot be invoked until the statutory authority is satisfied regarding the applicability of Section 16(4) of the Act.Section 16(4) requires a registered dealer to pay the full amount of tax due from him into a Government Treasury before it furnishes the return....

Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee

The Jodhpur bench of the Rajasthan High Court came down heavily upon the Jodhpur Institute of engineering and Technology for indulging in “frivolous and obstructive litigation” against its deceased employee and his wife in the matter of payment of gratuity ruling that it was not a bounty but a statutory right.Justice Arun Monga also imposed a cost of Rs. 25,000 on the institute and held...

Importation Of Wireless Access Points Which Operate Solely On MIMO Technology Exempt From Customs Duty: Delhi High Court

Coming to the rescue of an IT distribution company, the Delhi High Court has held that the import of Wireless Access Points (WAPs), which operate on MIMO technology, are exempt from Customs duty.In doing so, the division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma held that the word “and” used between 'MIMO and LTE Products', which are eligible for...

Delhi High Court Annual Digest 2024: Part IV [Citations 1201 - 1394]

Citations 2024 LiveLaw (Del) 1201 to 2024 LiveLaw (Del) 1394Delhi High Court Restrains 'Rogue App' From Streaming Star's ContentsCase title: Star India Private Limited vs. Tajkir Mohammad Tanvir (King's Pro+) And Ors.Citation: 2024 LiveLaw (Del) 1201In relation to a copyright suit filed by Star Channels, the Delhi High Court has restrained a 'rogue app' and related websites from...

Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court

The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.“The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary...

Gujarat High Court Deprecates Bar President's Conduct While Seeking Adjournment In 2011 PIL, Says He Tried To 'Misuse His Position'

The Gujarat High Court on Friday (January 17) deprecated the conduct of President of the High Court Advocates' Association Brijesh Trivedi in seeking an adjournment in a 2011 PIL, observing that manner in which he acted indicated that he was trying to misuse his position as the elected President of the Bar for "creating his nuisance value in the Court".A division bench of Chief Justice...

Delhi High Court Reserves Verdict On Ashok Swain's Plea Against Cancellation Of OCI Card

The Delhi High Court has recently reserved judgment on the plea moved by academic and writer Ashok Swain challenging an order issued by the Central government cancelling his OCI card. Justice Sachin Datta reserved verdict in the plea which contends that Swain cannot be witch-hunted for his views on current government or its policies.The impugned order was passed on July 30, 2023, after...

Rajasthan HC Directs Medical Reimbursement To Retired Govt Lecturer, Earlier Denied Due To Treatment At Unrecognized Private Hospital

The Jodhpur bench of the Rajasthan High Court recently granted relief to retired government lecturer who was denied medical reimbursement by the State in 2008, for his heart surgery pursuant to suffering a heart attack, on the ground that he had received treatment from a non-recognized private hospital.Justice Arun Monga referred to a decision of a coordinate bench in Kanhaiya Lal Dave...

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with...